THE BLACK HAND FORUM

by **Wiseguy** » Mon Jun 03, 2024 1:11 pm

Justices take up violent crime question from Genovese crime family associate
An associate of the New York organized crime family wants the high court to find that his attempted murder charge does not qualify as a crime of violence.
KELSEY REICHMANN
June 3, 2024

WASHINGTON (CN) — The Supreme Court agreed on Monday to decide whether an associate of an infamous crime family should face additional prison time for attempted murder.

Salvatore Delligatti helped run an illegal sports-gambling operation in Queens for Robert DeBello, a “made” member of the Genovese crime family, part of the La Cosa Nostra criminal network in New York.

The justices took up Delligatti’s appeal to knock five years off his prison sentence because his murder plot failed — and he argues it therefore can't be considered a crime of violence. The court will decide whether an act of omission can disqualify an attempted murder from being considered part of that category.

In 2014, DeBello and Delligatti plotted to murder Joseph Bonelli, a local “bully” suspected of threatening the family’s gambling business. Bonelli was also causing issues for a gas station owner who paid Delligatti to orchestrate the murder.

Delligatti gave an accomplice $5,000 and a .38 revolver to murder Bonelli with the help of several members of the Crips gang. The crew planned to kill Bonelli when he arrived home but abandoned their initial attempt when Bonelli showed up with another person.

Delligatti ordered the crew to return and kill both Bonelli and his companion. By the time the group went back the next day, the police had been tipped off to the plot and intercepted the crew.

A grand jury indicted Delligatti on six charges, including conspiring to commit murder for hire, operating an illegal gambling business, racketeering and attempted murder.

Delligati was also charged with using a gun during a crime of violence, which carries a mandatory consecutive sentence. The government names the crime of violence in Delligati’s case as the attempted murder charge.

A jury in New York federal court found Delligatti guilty of all charges and he was sentenced to 25 years in prison. Delligatti appealed, arguing that his firearm charge wasn’t constitutional because his second-degree murder charge did not meet the elements of a crime of violence.

Delligatti claims that his crime was committed through inaction and therefore cannot be considered a crime of violence. Under this reading, Delligati could not be charged with using a gun during a crime of violence, which added five years to his sentence to be served consecutively to his concurrent 240-month sentence.

“A use-of-force clause applies only where a crime ‘has as an element the use, attempted use, or threatened use of physical force,” Allon Kedem, an attorney with Arnold & Porter representing Delligatti wrote. ”But where an offense can be committed by ‘total inaction,’ the defendant may ‘exert no physical force at all on the victim.’ Even an offense resulting in serious bodily injury or death, therefore, does not necessarily involve the use of physical force.”

The Second Circuit rejected Delligatti’s argument, finding no question that intentionally causing the death of another person involved the use of force.

Delligatti urged the justices to review his case, arguing that the lower courts were split on the conflict.

“Mr. Delligatti’s predicate offense of second-degree murder under N.Y. Penal Law § 125.25(1) is a good example because, like other New York homicide offenses, it can be committed by ‘failure to perform a legally imposed duty’” Kedem wrote.

The government agreed with Delligatti, telling the court that his case would be a good opportunity to resolve the circuit split.

https://www.courthousenews.com/justices ... associate/

by **gohnjotti** » Sun Apr 08, 2018 9:18 pm

SonnyBlackstein wrote: ↑Sun Apr 08, 2018 8:03 pm In all seriousness I’m actually surprised there aren’t more rifle hits. The Rizzuto hit was a good example of how effective it can be.

Agreed. Recent mob hits like the Meldish hit have just been so badly executed. The moment Mike was whacked, the police were able to figure out who was behind it within weeks; they just bode their time until they could get their enormous racketeering indictment.

by **Nicholas** » Sun Apr 08, 2018 8:47 pm

SonnyBlackstein wrote: ↑Sun Apr 08, 2018 8:03 pm In all seriousness I’m actually surprised there aren’t more rifle hits. The Rizzuto hit was a good example of how effective it can be.

Me too. Just ask John Allen Muhammad.

by **SonnyBlackstein** » Sun Apr 08, 2018 8:03 pm

In all seriousness I’m actually surprised there aren’t more rifle hits. The Rizzuto hit was a good example of how effective it can be.

by **yatescj7781** » Sun Apr 08, 2018 7:31 pm

The guy who whacked out Nicolo Rizzuto used a rifle. What was it a 30.06? Not a far shot what was it 100 yards maybe. But still highly effective and a clean getaway. That's the thing with a rifle. You don't have to get close. You can reach out and touch somebody and they won't even know you're there.

by **yatescj7781** » Sun Apr 08, 2018 7:24 pm

gohnjotti wrote: ↑Sun Apr 08, 2018 7:14 pm
SonnyBlackstein wrote: ↑Sun Apr 08, 2018 7:09 pm
yatescj7781 wrote: ↑Sun Apr 08, 2018 6:52 pm And then whack the relative after it's done.
With a high powered rifle? Get another relative to be the getaway driver??
Family reunions are going to be awkward for Yates after he whacks his entire family.

How many wiseguys do you think know how to use high-powered rifles, for starters?

No they aren't because I'm not a mobster. I'll only kill to protect me or my family. If my 11 year old daughter can pop deer with a .243 all season surely to God a grown adult man can do it. Roy DeMeo was a hunter, Louis milito. Scarpa let loose on the guy hanging Christmas lights or a wreath with a carbine. Which Mazza said was a he of a shot. Idk maybe it's different up there, I'm from the South, everybody has rifles, pistols, ar 15s and shit and been shooting them since we were kids. Just a hypothetical opinion from a Redneck idk.

by **yatescj7781** » Sun Apr 08, 2018 7:19 pm

SonnyBlackstein wrote: ↑Sun Apr 08, 2018 7:09 pm
yatescj7781 wrote: ↑Sun Apr 08, 2018 6:52 pm And then whack the relative after it's done.
With a high powered rifle? Get another relative to be the getaway driver??

Yeah nothing big. .243 or a .270. head or heart shot they ain't surviving, not with the points they have out these days. Forget police and ambulance response times, every deer I dropped this year I only had to track 1. And he only made it maybe 50 yards. The other 2 just bucked a couple times and went down. One I hit and the fucker went down in a half second flat.

by **gohnjotti** » Sun Apr 08, 2018 7:14 pm

SonnyBlackstein wrote: ↑Sun Apr 08, 2018 7:09 pm
yatescj7781 wrote: ↑Sun Apr 08, 2018 6:52 pm And then whack the relative after it's done.
With a high powered rifle? Get another relative to be the getaway driver??

Family reunions are going to be awkward for Yates after he whacks his entire family.

How many wiseguys do you think know how to use high-powered rifles, for starters?

by **SonnyBlackstein** » Sun Apr 08, 2018 7:09 pm

yatescj7781 wrote: ↑Sun Apr 08, 2018 6:52 pm And then whack the relative after it's done.

With a high powered rifle? Get another relative to be the getaway driver??

by **yatescj7781** » Sun Apr 08, 2018 6:52 pm

If I was part of the Life, there is no way I'd be farming out hits to non members. The only safe way to do it would be do it yourself with a high powered rifle if you can't get close to the guy. Not even ask your capo, just do it on the sneak. If you absolutely had to have a driver you would have to get a blood relative who has been close to you all your life. And then whack the relative after it's done. Bout the only foolproof way to prevent splashback imo.

by **newera_212** » Fri Apr 06, 2018 9:26 pm

Wiseguy wrote: ↑Fri Apr 06, 2018 7:59 am
newera_212 wrote: ↑Thu Apr 05, 2018 10:42 pm the failed whitestone crew / Bonelli hit is one of the dumbest things ever, for a multitude of reasons. unnecessary and shameful

at the end of the day, about 9 different people were involved in the planning and (failed) execution of killing one guy - and the guy who set everything off, the guy with the initial beef that got the plan in motion, ends up getting the least amount of jail time. 2 people, one who may very well die behind bars, got hit with 5'ish years by basicallt hearing about the plan in passing, second hand

on top of that..if this louis sunoco guy was offering $5k to the guy Delligatti to hit Bonelli, how much could the actual triggermen (the "crips gangstas" as Capeci likes to call them) get? you know that fat sal was taking a cut of that $5k...

"real" sanctioned LCN hits traditionally arent done for a fee...they're just planned and done. which makes me think the involvement from the only actual & reputed LCN member in this whole case (DeBello) was minimal, and its safe to say he got railroaded here

to summarize: the gas station owner offers $5k to "his guy" to kill Bonelli. his guy is an un-made associate in DeBellos crew. he gets permission from DeBello, via another crew member Eliis, as a conduit, to kill Bonelli. DeBello tells Ellis to tell him "sure, i dont care. just be careful" he then farms it out to 2 middle-aged Crips from the Bronx, who farm it out to 3 of their own young shooters to do the dirty work. those shooters, who didnt end up shooting anything, and were probably in need of this elusive $5,000 more than anyone else mentioned, get hit with the most time. a fairly powerful & wealthy old low-key mobster from "the ivy league of organized crime" has his name placed firmly at the top of this fail-pyramid, and now risks dying in prison ...and for what?

this is probably one of the dumbest hits in LCN history. ironic, coming from the Genovese
In an article a few years ago one law enforcement official talked about how the Genovese tend to keep their hit teams small. Definitely went away from the playbook here, though it appears that was Delligatti and Sawulski rather than DeBello making that call.

When you farm out hits to gang members or guys like Frankie Roache up in Springfield, you're obviously asking for trouble. It wouldn't surprise me if the Ralph Coppola, Larry Ricci, and Rudy Izzi hits were all "in house."

"You can't get anybody good anymore. They're all on fucking drugs, or they're compromised with the law, or they're young and they don't listen to orders." - Tony Soprano

yeah, you nailed it exactly. compare the springfield hit on bruno and this failed attempt on bonelli to some of their recent "real" hits and its worlds apart. Ralph Coppola is a good example. that'll probably be unsolved forever. the bruno hit was NY sanctioned, but I guess it was Nigro's fault for trusting the other members of the Springfield crew, thinking they'd keep it more 'traditional' versus them outsourcing it two times over. its kind of amazing to see one failed hit (executed or not) literally bring down an entire crew. springfield, fred weiss, and now this whitestone crew

i really think debello got railroaded here. the sunoco guy and delligatti should have gotten the most time

another thing, and ive asked this before in another thread about this whitestone caper: what do we know about Joseph Bonelli? hes been referred to as a Genovese associate for over 12 or 13 years, since he was in his early 20s. Even Basciano was talking about him to Massino in those recorded jailhouse tapes and that was around 2004; said "this kid Bonelli around the West Side is causing mayhem."

who was Bonelli under? i know hes from whitestone or flushing and DeBellos always been the man up there, whos protecting Bonelli? is it possible he was a former DeBello crew member who ultimately fell out with these guys and became rivals?

by **TommyNoto** » Fri Apr 06, 2018 11:11 am

This hit very likely wasn’t sanctioned so they had to go off the reservation. Definitely not a west side hit, this was some other shit .

A west side sanctioned hit today IMO leaves no body. I see them being very patient and disciplined if they had to hit someone .

With the Lucchese bust it seems the murder game is still in play with today’s beefs . Obviously not nearly as prevelant but still has a place in this biz

by **Wiseguy** » Fri Apr 06, 2018 7:59 am

newera_212 wrote: ↑Thu Apr 05, 2018 10:42 pm the failed whitestone crew / Bonelli hit is one of the dumbest things ever, for a multitude of reasons. unnecessary and shameful

at the end of the day, about 9 different people were involved in the planning and (failed) execution of killing one guy - and the guy who set everything off, the guy with the initial beef that got the plan in motion, ends up getting the least amount of jail time. 2 people, one who may very well die behind bars, got hit with 5'ish years by basicallt hearing about the plan in passing, second hand

on top of that..if this louis sunoco guy was offering $5k to the guy Delligatti to hit Bonelli, how much could the actual triggermen (the "crips gangstas" as Capeci likes to call them) get? you know that fat sal was taking a cut of that $5k...

"real" sanctioned LCN hits traditionally arent done for a fee...they're just planned and done. which makes me think the involvement from the only actual & reputed LCN member in this whole case (DeBello) was minimal, and its safe to say he got railroaded here

to summarize: the gas station owner offers $5k to "his guy" to kill Bonelli. his guy is an un-made associate in DeBellos crew. he gets permission from DeBello, via another crew member Eliis, as a conduit, to kill Bonelli. DeBello tells Ellis to tell him "sure, i dont care. just be careful" he then farms it out to 2 middle-aged Crips from the Bronx, who farm it out to 3 of their own young shooters to do the dirty work. those shooters, who didnt end up shooting anything, and were probably in need of this elusive $5,000 more than anyone else mentioned, get hit with the most time. a fairly powerful & wealthy old low-key mobster from "the ivy league of organized crime" has his name placed firmly at the top of this fail-pyramid, and now risks dying in prison ...and for what?

this is probably one of the dumbest hits in LCN history. ironic, coming from the Genovese

In an article a few years ago one law enforcement official talked about how the Genovese tend to keep their hit teams small. Definitely went away from the playbook here, though it appears that was Delligatti and Sawulski rather than DeBello making that call.

When you farm out hits to gang members or guys like Frankie Roache up in Springfield, you're obviously asking for trouble. It wouldn't surprise me if the Ralph Coppola, Larry Ricci, and Rudy Izzi hits were all "in house."

"You can't get anybody good anymore. They're all on fucking drugs, or they're compromised with the law, or they're young and they don't listen to orders." - Tony Soprano

by **newera_212** » Thu Apr 05, 2018 10:42 pm

the failed whitestone crew / Bonelli hit is one of the dumbest things ever, for a multitude of reasons. unnecessary and shameful

at the end of the day, about 9 different people were involved in the planning and (failed) execution of killing one guy - and the guy who set everything off, the guy with the initial beef that got the plan in motion, ends up getting the least amount of jail time. 2 people, one who may very well die behind bars, got hit with 5'ish years by basicallt hearing about the plan in passing, second hand

on top of that..if this louis sunoco guy was offering $5k to the guy Delligatti to hit Bonelli, how much could the actual triggermen (the "crips gangstas" as Capeci likes to call them) get? you know that fat sal was taking a cut of that $5k...

"real" sanctioned LCN hits traditionally arent done for a fee...they're just planned and done. which makes me think the involvement from the only actual & reputed LCN member in this whole case (DeBello) was minimal, and its safe to say he got railroaded here

to summarize: the gas station owner offers $5k to "his guy" to kill Bonelli. his guy is an un-made associate in DeBellos crew. he gets permission from DeBello, via another crew member Eliis, as a conduit, to kill Bonelli. DeBello tells Ellis to tell him "sure, i dont care. just be careful" he then farms it out to 2 middle-aged Crips from the Bronx, who farm it out to 3 of their own young shooters to do the dirty work. those shooters, who didnt end up shooting anything, and were probably in need of this elusive $5,000 more than anyone else mentioned, get hit with the most time. a fairly powerful & wealthy old low-key mobster from "the ivy league of organized crime" has his name placed firmly at the top of this fail-pyramid, and now risks dying in prison ...and for what?

this is probably one of the dumbest hits in LCN history. ironic, coming from the Genovese

by **SonnyBlackstein** » Thu Apr 05, 2018 10:06 pm

gohnjotti wrote: ↑Thu Apr 05, 2018 9:29 pm $20 million dollars is insane. And it seems to have been a well-executed heist, until his girlfriend ratted him out.

How did LE find/suspect them do we know?

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